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(영문) 서울중앙지방법원 2019.01.25 2018노1153
사기
Text

The prosecutor's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

The summary of the grounds for appeal (fact-finding) is as shown in the facts charged by deceiving G, which is the vice president of the victimized company, to obtain money from the victimized company, and there was intention to obtain money from the victimized company.

Nevertheless, the defendant did not deceiving G.

The judgment of the court below which judged that fraud or deception had no intention is erroneous, which affected the conclusion of the judgment.

Judgment

The lower court acquitted all of the facts charged Nos. 1 through 4 of this case, while explaining in detail the specific circumstances from No. 11 to No. 15 of the judgment of the lower court.

According to the evidence duly adopted and examined by the court below and the court below, all of the circumstances presented by the court below are acknowledged, and the court below's judgment that acquitted all of the facts charged of this case is just and acceptable, and the prosecutor's assertion is without merit.

G made a statement that corresponds to the facts charged in the instant case from an investigative agency to the court of the competent trial (Evidence record 80 pages, 174 pages, 348 pages, 367 pages, 367 pages, 1016 pages, 1065 pages, 48 pages, 310 pages, 310 pages, and the trial record of G), and the Defendant made a statement that denies the facts charged in the instant case.

(Evidence Records 121 pages, 174 pages, 348 pages, 367 pages, and 183 pages of the trial records). However, G’s above statements are not consistent (G has been made even to make a statement consistent with the Defendant’s assertion (Evidence Records 360 pages, 66 pages of the trial records). Statements in the original court and the trial court at the trial court are difficult to believe that they are “not being detained or difficult to receive.”

[G] The answer is that “one contract is not a single contract linked to the online delivery and sale contract (Evidence Record 15 pages) dated July 8, 2014 and the Attached Contract (Evidence Record 24 pages) dated July 17, 2014,” and that “the contract shall be 2.” (the trial record 60 pages and G IDs) are sent.

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